RAMESH BHUMIJ Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Zahangir Hussain, learned Amicus Curiae for the accused appellant and Ms. Bornali Bhuyan, learned Addl. Public Prosecutor, Assam, appearing for the State respondent.

(2.) This criminal appeal from jail by the accused appellant is against the judgment and order of conviction and sentence dtd. 30/1/2016 passed by the learned Additional Sessions Judge, Dibrugarh, in Sessions Case No. 82/2010, corresponding to G.R. No. 1112/2008, arising out of Lahowal Police Station Case No. 99/2008, wherein the learned Trial Judge convicted the appellant under Ss. 302/448 IPC and sentenced him to undergo Rigorous Imprisonment for Life and to pay fine of Rs.2,000.00 under Sec. 302 IPC, in default of payment of fine, to undergo simple imprisonment for 6 (six) months and further to undergo Rigorous Imprisonment for 6 (six) months with fine of Rs.500.00 under Sec. 448 IPC, in default to undergo simple imprisonment for another 1 (one) month, where both the sentences to run concurrently, setting off the period of detention in custody of the accused appellant during investigation and trial of the said case.

(3.) The brief facts of the case is that on 17/6/2008 around 01:45 pm, the Officer-in-Charge of Dikom Outpost of Dibrugarh District received a phone call from one Jai Prakash Sahu, son of Jawahi Prasad Sahu that Ramesh Bhumij of Kuhiyar Bari Village had hacked a person by name Santosh and had also wounded 2-3 persons and that police personnel should come immediately. Said information was recorded as G.D.Entry No. 320 dtd. 17/6/2008 of Dikom Outpost and police personnel from the said Outpost left for the place of occurrence (Exhibit-5).